Calhoun v. Google LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK) Plaintiffs,

ORDER ON ADMINISTRATIVE v. MOTIONS FOR LEAVE TO FILE

UNDER SEAL

GOOGLE LLC,

Re: Dkt. Nos. 350, 379, 384, 385 Defendant.

Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 350, 379, 384, 385.

Courts recognize a “general right to inspect and copy public records and documents, including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 16 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 19 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to court records depends on the purpose for which the records are filed with the court. A party seeking to seal court records relating to motions that are “more than tangentially related to the underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re “not related, or only tangentially related, to the merits of the case,” the lower “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party moving to seal court records must also comply with the procedures established by Civil Local Rule 79-5.

Here, the “good cause” standard applies because the information the parties seek to seal was submitted to the Court in connection with discovery-related motions, rather than a motion that concerns the merits of the case. The Court may reach different conclusions regarding sealing these documents under different standards or in a different context. Having considered the motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows:

1. Dkt. 350

Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal

Exhibit E of Joint Letter Brief re GRANTED as to Narrowly tailored to protect Motion for Protective Order Against redacted portions at Google’s confidential information Plaintiffs’ Non-Party Subpoena on regarding its products and systems, Ernst & Young LLP 32:15 including details related to Google’s internal operations related to internal projects, which Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

2. Dkt. 379

Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal

S Te rap nte scm rib pe tr 30, 2021 Hearing G reR daA cN teT d E pD or tionas s at: to Narrowly tailored to protect confidential technical information regarding sensitive features of Google’s internal 59:17; 65:4-6, 68:13- systems and operations, including 14; 69:1-2, 9-10, 14

Google’s internal identifiers/cookies and their proprietary functions that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors as well as Plaintiffs’ personally identifiable information.

3. Dkt. 384

Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal

GRANTED as to

November 12, 2021 Order redacted portions at: Narrowly tailored to protect confidential and proprietary information regarding sensitive features of Google’s internal 4:9; 4:13; 4:15 identifiers, systems, projects, data structures, and operations that Google does not share publicly, including particular internal data sources Google was ordered to search for data relating to Plaintiffs, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

GRANTED as to

Exhibit 1 (Calhoun) to November redacted portions at: Narrowly tailored to protect confidential 12, 2021 Order and proprietary information regarding sensitive features of Google’s internal Paragraphs 3.3, 3.4, identifiers, systems, projects, data 3.5, 5.1, 5.2, 5.3, 6 structures, and operations that Google does not share publicly, including particular internal data sources Google was ordered to search for data relating to Plaintiffs, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

4. Dkt. 385

Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal

GRANTED as to

November 4, 2021 Hearing redacted portions at: Narrowly tailored to protect Plaintiffs’ Transcript personally identifiable information and 22:21; 23:4-6 web browsing information.

November 4, 2021 Hearing GRANTED as to Narrowly tailored to protect confidential Transcript technical information regarding redacted portions at: sensitive features of Google’s internal systems and operations, including details related to Google’s internal 5:24; 6:23; 7:19; systems, practices, projects, identifiers, 7:21; 7:24; 8:15; cookies, the various types of logs maintained by Google, information 10:2; 10:8; 10:17; proprietary functions, that Google 1 10:19-25; 11:1-7; maintains as confidential in the ordinary 11:12: 11:14: 11:19: course of its business and is not 2 11:22: 12:3: 1 2:11; , generally known to the public or 3 12:13: 12:17: 12:19- Google’s competitors. 20; 12:25; 13:17;

4 13:23-25; 14:2-3;

14:6-10; 14:14:

5 14:24; 15:24; 16:4;

6 16:13; 16:15; 16:23;

17:7; 17:9; 17:12-14;

7 17:17; 17:25; 18:1;

18:11; 18:17; 18:19;

8 18:24; 19:17-20;

9 19:24-25; 20:5-6;

20:11; 21:6; 21:11-

12; 21:15; 21:17;

21:23; 22:12; 22:14;

22:19; 23:2; 23:21-

23; 24:3-4; 24:22-25;

25:1-3; 26:23; 28:3;

28:7; 28:9; 28:13;

29:15; 30:11; 30:13-

14; 30:20; 31:25;

32:10; 32:12; 32:18;

32:21; 33:15; 34:16;

35:4; 35:13: 35:15;

37:2; 37:7-8; 39:16-

47 17; 40:21-23; 42:6-7;

44:2 a 18 SO ORDERED.

Dated: November 23, 2021

Suse yer Kul SUSAN VAN KEULEN United States Magistrate Judge